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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what can I do" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
Can I sue for damages for the inconvenience for the whole situation. Was this act illegal in the sight of the justice system?
As far as being illegal, I don't know that it broke any criminal laws since it was apparently the result of a "mistake" and most criminal laws requires "mens rea" which means a guilty mind.
However, if the repo was being done and there was no legitimate reason for doing so then you should be able to sue both the repo company and whoever put them up to it for any damages you accrued due to their actions as well as potentially punitive damages.
Yours is a case, rare, in which I think a judge or jury is going to want to punish the company that did this and so you have a very real potential to recover punitive damages.
How do I go about that? Is a lawyer necessary?
Everybody hates repo people (even more than they hate lawyers!)
A lawyer isn't required but it would definitely be preferable.
Lol! It's terrible work!
Either that or you are going to have to spend a lot of time learning the law and doing legal research.
This is what is known as a conversion case, which is the civil law version of theft.
Any idea on why they tried to repo your car?
Yes.... A man who owned the car years ago filed bankruptcy. The company CREDIT ACCEPTANCE purchased the account. But I have owned my car for over a year now, and I brought the car from someone else who also owned the car prior to me.
I don't see any problem with you winning your case.
TO THIS DAY, NO LIENS, NO INTEREST.
The only issue is how much you win.
What I'd suggest is talking to a local lawyer who does civil litigation and see if they are intersted in your case and what it would cost you.
THANK YOU. THAT IS MY ISSUE, IT IS GOING TO XXXXX 1,000. FOR ME TO PROCEED WITH THE CASE, AND I JUST WONDER IF ITS WORTH IT.
If you decide not to use a lawyer there are several inexpensive books at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/ that will help you to do legal research, discovery, etc.
You may want to try and do it yourself. The car was repo'd in Michigan?
THANK YOU..... LOTS OF READING?
Not too much. Those guides are designed for Pro Se litigants and pack a lot of info in without a lot of useless information. Just the good stuff. I understand they are working on one just for small claims court but it's probably a fe wmonths from being finished.
MI also has some good info at http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaims.aspx
Yes it was in Michigan. I was thinking that I should file myself?...
You can pursue it through small claims court there yourself.
If your damages are $5000 or less.
Any more than that and you have to go through one of the higher courts but you still can represent yourself.
You should probably go ahead and get that book on legal research and look up cases involving "conversion".
They are very tough on the people that take other people's property. There is basically no defense to it.
Ok. Just in your opinion, would you say that they would award me 5,000 in damages for the inconvenience?
I think it's possible. You can recover for any expenses plus "loss of use" of the vehicle.
Plus you get to yank their chain now the way they did yours.
And that's worth something.
Thank you..... You are worth your weight in Gold! And LOL!,
You're very welcome and thanks for the compliment.
Anything else I can help with?
One last question.......
How do I begin the process?
Should I just go to the website?
That webpage has links to forms and instructions. Before I filed I'd get the book on legal research and research the concepts of conversion and of repossessions just so you have a general working knowledge and know what to put in your petition. Also look up "punitive damages" and see what is requires so you know what language to put in the petition.
Sue both the repo company and the comapny that hired them.
You may also want to file a complaint with whoever licenses repo companies in your state.
Thank you so much for your work! I appreciate you!
You're very welcome. I'll exit now to assist others but if you need me in the future just start the new question with FOR DWAYNE B and I'll pick up as soon as I see it. i'm online most days for at least a few minutes.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
excellent it is! Thanks Dwayne.... :)